They’re put in place so that people can’t legally alter or remove the trees without explicit consent from local authorities. TPOs are usually used in urban and semi urban settings on trees that have high amenity or nature conservation value. A tree may have one applied for numerous reasons, including benefits to the environment, public enjoyment such as tourism (if it brings in a lot of people from outside of the local area) or even just its aesthetics.

Making a Tree Preservation Order

If you were interested in placing a TPO on a specific tree, then the first thing you’d have to do is contact the local council and ask to speak to the local tree officer (or whoever has the same ranking powers). You would need to give them a reason why you think the tree needs to be protected, as usually TPOs are only given to trees that are deemed local amenities. Although granting a TPO is down to your local council’s discretion.

Within the first six months of the TPO, your local council can alter or terminate the plan at any time, the only thing that can’t be done would be the addition of more trees to the TPO. If you wanted extra trees to be added to the TPO, then an additional TPO would need to be created for them by the council. If no one objects to the creation of the TPO within the six months, then it becomes permanent. Once this happens, anyone who would want to work on the tree would have to go through the regular application process with the local council before they can legally work on the tree.

Caring for a tree with a Tree Preservation Order

Anyone working on trees must be aware of TPOs in the area so they can ensure that they don’t alter a tree that’s protected, care on a tree with a TPO is entirely down to the owner of the land that it’s on. This includes if the tree poses any danger, if you see a tree in a public area that you think could be a danger and needs work, contact your local authority. If a tree with a TPO needs work (even smaller jobs like trimming), the local council/planning authority would have to give you written permission before anything can be done.

It’s best to get the tree professionally assessed by a tree surgeon before you apply. For example, if you live in Chelmsford, you would search ‘tree surgeon Chelmsford’ to find local help. They will then look at the condition of the tree in question and decide which work needs to be carried out. A professional assessment would also increase the likelihood that your application gets accepted by the council.

The application process can take up to eight weeks for the local planning authority to either grant or deny the request, but the turnaround can vary depending on how much your council has going on at the time. If a tree is damaged by someone in any way without this consent (even if it’s on your property) then you will be liable for a fine by the council for a sum ranging between £2,500 and £20,000, or, on conviction of an indictment the fine is unlimited. So better to be safe rather than sorry.

Tree owners’ responsibilities

Tree owners don’t need to carry out maintenance and upkeep on the protected tree, but good management is encouraged by the local council.

If a tree that’s protected by a TPO has been felled, then the landowner has a legal duty to replace the tree as soon as he or she can, you do not need consent to carry out works when this is the case. The new tree must be of a similar size and species and must stand in the same place as the previous tree. The above is also true if the tree in question is dead, dying or has become dangerous for any reason.

Once the tree has been replaced, it will be covered by exactly the same TPO as the original tree, the local council will update any small changes such as slight location differences and changes to the species.